IRS Tax Liens
An IRS lien against your bank account or your paycheck can make it difficult to pay your bills and take care of your daily expenses. The only way to get an IRS lien removed is to work toward tax resolution, unless the lien has been placed in error.
The J Gannon Helstowski Law Firm is experienced in filing lien appeals and getting tax lien withdrawals, and we will work to get the situation resolved as quickly as possible. Here is a quick guide to some of your options for tax lien resolution, and for clearing your credit of lien reports.
Appeal
If the tax lien against you has been in issued in error, it is possible to challenge the lien and have it removed. Here are some common reasons a tax lien might be removed.
- You have paid the tax debt in full
- The IRS made a mistake in filing the lien – the IRS either had no cause to file, did not allow you to dispute the tax debt amount, or did not follow the correct filing procedures
- The lien is due to an IRS error in processing your return
- The lien was filed while you were in bankruptcy
- You are eligible to request innocent spouse relief or participate in the Fresh Start Initiative
- It has been more than 10 years since the tax debt was incurred, and the statute of limitations on collecting it has run out
You may request a collection due process hearing as soon as you receive the lien notice, but you have limited time to appeal – if the lien has not gone into effect you must file an appeal by the deadline listed in the IRS lien notice. If a lien is already in effect, check the notice date. Beginning five days after the lien was filed, you have 30 days to appeal it.
Withdrawal and Release
Your lien and all evidence of it can be permanently erased through the process of lien withdrawal or lien release.
You may apply for lien withdrawal by making a formal request using IRS form 12277, and if approved, the IRS will issue you a form 10916(c) as proof the tax issue has been resolved. If you begin paying your back taxes by committing to an installment plan, or if you enroll in the Fresh Start Initiative with a direct debit agreement (taxes owed must be $25,000 or less), you will be on your way to lien withdrawal and federal tax debt resolution. Once your debt is satisfied, you can also have it removed from your credit report. Liens placed by state taxing authorities are more difficult to remove, and may remain on your credit report even after the tax in question is paid.
If you make an offer-in-compromise to satisfy your tax debt—meaning the IRS allows you to settle the debt for a lower amount than what you actually owe—a lien release is issued rather than a lien withdrawal. Enrolling in the Fresh Start Initiative or committing to an installment agreement can also get your lien released, usually in 30 days. This type of tax settlement differs from lean withdrawal in one key way: evidence of the lien is allowed to remain on your credit report for as long as a decade. Once you receive a lien release howe
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